STATE OF MINNESOTA

CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

FINDINGS IN THE MATTER OF CONTRIBUTIONS MADE BY THE

(EDWINA) GARCIA VOLUNTEER COMMITTEE

TO OTHER PRINCIPAL CAMPAIGN COMMITTEES

Procedural Background

The (Edwina) Garcia Volunteer Committee ("Committee") filed a Report of Receipts and Expenditures ("Report") for the period covering January 1, through December 31, 1998, with the Campaign Finance and Public Disclosure Board ("Board"). Review of the Report by Board staff disclosed that on May 13, 1998, the Committee made a $500 contribution to the (Edwina) Garcia for Secretary of State Committee and a $200 contribution to the We Want (Mark) Gleason Committee. Both of these committees are principal campaign committees registered with the Board.

Staff notified Thomas Ohnesorge, treasurer, and Edwina Garcia of a potential violation of Minn. Stat. 10A.27, subd. 9(a), which prohibits a principal campaign committee from making a contribution to another principal campaign committee, unless the donating committee is being dissolved.

Thomas Ohnesorge responded by letter dated July 26, 1999, in which he stated that the committee was to be terminated in 1998. However, a balance discrepancy was discovered and the committee can not terminate until the matter is resolved.

The matter was considered by the Board in executive sessions on August 24, 1999. No one from the Committee asked to appear before the Board. The matter was considered based on the Report and the response provided by the Committee.

Based on the record before it, the Board issues the following:

STATEMENT OF THE EVIDENCE

1. The (Edwina) Garcia Volunteer Committee ("Committee") is a principal campaign committee registered with the Campaign Finance and Public Disclosure Board ("Board").

2. The Committee did not terminate its registration with the Board in calendar year 1998.

3. The Committee made a $500 contribution to the (Edwina) Garcia for Secretary of State Volunteer Committee and a $200 contribution to the We Want (Mark) Gleason Committee on May 13, 1998. Both committees are principal campaign committee registered with the Board.

4. Minn. Stat. 10A.27, subd. 9(a), prohibits a principal campaign committee from making contributions to another principal campaign committee, unless the donating candidate's committee is being dissolved. Minn. Rules Chapter 4503.0300, subp. 2, provides that when such a contribution is made, the dissolution must be completed in the same filing period.

Based on the above Statement of the Evidence, the Board makes the following:

FINDINGS CONCERNING PROBABLE CAUSE

1. There is probable cause to believe that the (Edwina) Garcia Volunteer Committee violated Minn. Stat. 10A.27, subd. 9(a), when it made contributions to other principal campaign committees on May 13, 1998.

2. Minnesota Statutes, Chapter 10A provides no penalty for this violation.

Based on the above Findings, the Board issues the following:

ORDER

The Board investigation of this matter is entered into the public record in accordance with Minn. Stat. 10A.02, subd. 11.

Board staff shall provide a copy to Edwina Garcia.

Dated: _________________________________________

Sidney Pauly, chair

Campaign Finance and Public Disclosure Board